Terms of service
§1 General
(1) You acknowledge these General Terms and Conditions as binding on you for the present contract. Any agreement deviating therefrom requires our express confirmation.
(2) You agree to receive electronic communications from us for contractual purposes, e.g. in the form of e-mails, and you also agree that electronic communication satisfies the formal requirements for all consents and notices, unless mandatory statutory provisions prescribe a different form.
(3) Furthermore, you waive the right to assert your own terms and conditions of purchase. These shall not become part of the contract either through our silence or through our delivery.
(4) You further acknowledge that you may not purchase goods from us for commercial resale.
§2 Conclusion of contract
(1) The presentations on our website constitute offers to conclude a purchase contract for our items, which you accept at the end of the ordering process by clicking the button "Order with obligation to pay", with the result that a binding purchase contract for the items selected by you is thereby concluded.
(2) You may only order products with a total value of no more than €1,000 in a single order.
(3) If you have a user account, we store your orders for you so that you can retrieve them at any time via the user account. If you do not have a user account and the order confirmation sent by us by e-mail has been lost, you can also request your order details from us at any time.
(4) Your contractual partner is Tonpool Medien GmbH, represented by its managing director Kurt Erping, Matthias Martinsohn, Im Klint 12, 30938 Burgwedel; e-mail: info@embassyofmusic.shop Phone: +49 (0)5139-98249-0.
§3 Withdrawal
If you are a consumer, you have a statutory right of withdrawal pursuant to § 312g(1) BGB (German Civil Code), as the purchase of goods via the internet, as in the present case, constitutes a so-called distance contract. Separate instructions on withdrawal concerning the right of withdrawal and its consequences will be provided to you upon completion of your order and transmitted to you in text form.
§4 Packaging and shipping
(1) Shipping is carried out in our name and on our behalf by our logistics partner OK Logistics GmbH & Co. KG, Itzehoer Straße 31-33, 24594 Hohenwestedt. Goods arising from any complaints as well as returns under the right of withdrawal set out in § 3 are accepted exclusively at this address. Notices of withdrawal and complaints are to be sent to the following address: tonpool Medien GmbH, Im Klint 12, 30938 Burgwedel, e-mail: info@embassyofmusic.shop
(2) Unless otherwise agreed, delivery is made to the address specified by you. We dispatch the goods after receipt of payment in full - under normal circumstances, the order will reach you within 4 working days (Monday to Friday, excluding public holidays) after you have issued the payment order, if delivery is made to a German address. For deliveries abroad, correspondingly longer delivery times must be allowed for.
(3) Packaging is carried out in accordance with professional and customary trade standards.
(4) You bear the costs of packaging and shipping in addition to the cost of the goods ordered. These costs are expressly shown in the order summary before the order is placed. In the case of partial deliveries, the packaging and shipping costs are charged only once. We determine the transport route and means of transport, unless a particular shipping method has been expressly agreed. As a rule, shipping is carried out via DHL.
(5) Should it not be possible to deliver the goods ordered by you to you or to a person ready to accept them at the address specified by you, DHL will return the goods to us after a further attempt. DHL charges additional costs for this. You shall only bear these costs as well as the costs of re-shipment, which are charged as a flat rate totalling €9.50, if the failed delivery is based on reasons for which you are responsible, e.g. because you provided an incorrect address, or the goods repeatedly could not be delivered due to the absence of you or of a person ready to accept them, etc.).
(6) Orders for delivery outside the European Union may be subject to import duties and taxes, which are levied once the shipment reaches the specified destination. You bear import duties and taxes as well as any additional customs clearance fees in addition to the packaging and shipping costs charged by us, and you should enquire about these with the local customs authority.
(7) In the event of justified complaints or timely withdrawal from the order, you can generate a DHL returns label that covers the cost of the return. After your shipping data has been verified, you can download the returns label, print it out and attach it to the parcel. You then only need to hand in the parcel at a DHL station or branch of your choice. As soon as the return has arrived at and been checked by our shipping partner OK Logistics GmbH & Co. KG, we will refund the purchase price together with the shipping costs, provided that you return all goods that you ordered with the order concerned. In the case of only partial withdrawal from an order, we do not refund the shipping costs.
§5 Payment
(1) Our prices are stated in euros (€) including statutory VAT. The statutory VAT rate is 7% for books and 19% for all other items.
(2) Payment is possible only via PayPal, Klarna SOFORT bank transfer or Klarna pay by invoice. Cash on delivery is not possible. None of the available payment methods incurs any further costs for you on our part.
The goods will not be dispatched until payment has been received by us.
In order to use PayPal as a payment method, you must - if you are not yet a PayPal customer - first register with PayPal. Registration is free of charge. PayPal offers you buyer protection and will refund the full purchase price and the shipping costs if the goods were not dispatched or do not match the description at all. Further information can be found here: https://www.paypal.com/de/webapps/mpp/privatkunde
Klarna SOFORT bank transfer works on the basis of online banking. You do not need to register or open a virtual account. It is a direct bank transfer. To use it, simply select SOFORT bank transfer as the payment option when making your purchase. You will then be automatically redirected to the secure payment form. The transfer details are entered automatically; you only need to enter your bank's sort code and your usual online banking login details and then authorise the transfer with a TAN. The data is transmitted in encrypted form to your online banking account. We receive a real-time confirmation that your transfer has been submitted in your online banking. Further information about Klarna SOFORT can be found here: https://www.klarna.com/sofort/
If you select Klarna pay by invoice, you pay with a due date of 14 days from dispatch of the goods or tickets or, in the case of other services, from the time at which the services or the digital content become available. With this payment method, we assign our claim against you arising from your purchase to Klarna Bank AB, which pays us. At checkout, you will be redirected from our site to the Klarna site. There you will receive corresponding further explanations from Klarna. Klarna will send you a payment instruction, and you pay for your order directly to Klarna. Contact details and further information about Klarna pay by invoice can be found here: https://www.klarna.com/de/kundenservice/wie-funktioniert-der-kauf-auf-rechnung-mit-klarna/
The goods will not be dispatched until payment has been received by us.
§6 Liability for defects
(1) With regard to defects in the purchased item, you are entitled to the statutory claims under the BGB (German Civil Code). If the purchased item is defective, you may initially demand subsequent performance = the delivery of a defect-free purchased item. You return the defective item originally delivered to us at our expense. If subsequent performance fails, you may, at your option, reduce the purchase price in proportion to the defect or withdraw from the contract entirely.
(2) We expressly point out that, owing to your individual monitor settings, the colour rendering of the products in the shop may deviate from the purchased item subsequently delivered to you. This does not constitute a defect giving rise to statutory warranty rights.
(3) If you are a merchant within the meaning of the HGB (German Commercial Code), the special duty to give notice of defects in commercial transactions pursuant to §§ 377, 378 HGB remains unaffected.
§7 Retention and set-off
(1) You may only assert a right of retention against us in respect of the purchase price if it is based on the same contractual relationship, i.e. on the same order. You are only entitled to set off your own claims against us if we have acknowledged the counterclaim or it has been finally and conclusively established by a court.
(2) If you are a merchant within the meaning of the HGB, your rights of retention are excluded.
§8 Validity
The invalidity of one or more clauses of these General Terms and Conditions shall not affect the validity of the remainder of the contract. The parties are obliged to replace the invalid provision retroactively with a valid provision that comes closest to the economic purpose pursued by the invalid provision.
§9 Miscellaneous
(1) All agreements with us are governed by German law. However, this shall not apply if a consumer resident abroad places an order with us and the above choice of law would deprive that consumer of the protection afforded to him by the provisions of the country in which he is domiciled. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
(2) Our registered office is the place of performance for all rights and obligations arising from the business relationship.
(3) If you are a merchant within the meaning of the HGB, the exclusive jurisdiction of the court at our registered office is agreed for all disputes arising from the contract.
(4) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
